(1) This Regulation may be called the Lakshadweep Prohibition Regulation, 1979.
Short title, extent and commencement,
(2) It extends to the whole of the Union territory of Lakshadweep.
(3) (a) This section and sections 2 and 6 shall come into force at once,
(b) The remaining provisions of this Regulation shall come into force, on such date as the Administrator may, by notification, appoint:
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Provided that different dates may be appointed for different local areas of the Union territory of Lakshadweep and any reference In any such provision to the commencement of this Regulation shall be construed, in relation to any local area, as a reference to the coming into force of that provision in that area.
Definitions.
2. In this Regulation, unless the context otherwise requires,—
(a) "Administrator" means the Administrator of Lakshadweep appointed by the President under article 239 of the Constitution;
(b) "bottle" means to transfer liquor from a cask or other vessel to a bottle, jar, flask or pot or similar receptacle for the purpose of sale, whether any process of manufacture be employed or not, and includes rebottling;
(c) "buy" or "buying" includes any receipt including gift;
(d) "Collector" means the Collector of Lakshadweep or any other officer authorised by the Administrator to exercise all or any of the powers or to perform all or any of the duties of a Collector under this Regulation;
(e) "cultivation" includes the tending or protecting of a plant during growth and does not necessarily imply raising it from seed;
(f) "export" means,—
(i) to take out of any local area wherein this Regulation is In force to any other local area in Lakshadweep wherein this Regulation is not in force; or
(ii) to take out of Lakshadweep to any State or any other Union territory;
(g) "import" means,—
(i) to bring into any local area wherein this Regulation Is in force from any other ilocal area in Lakshadweep wherein this Regulation is not in force; or
(ii) to bring into Lakshadweep from any State or any other Union territory;
(h) "intoxicating drug" means,—
(i) the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis sativa L.) including all forms known as bhang, siddhi or ganja;
(ii) charas, that is, the resin obtained from the Indian hemp plant, which has not been submitted to any manipulation other than that necessary for packing and transport;
(Hi) any mixture, with or without neutral materials, of any of the above forms of intoxicating drug or any drink prepared therefrom; and
(iv) any other intoxicating or narcotic substance which the Administrator may, by notification, declare to be an intoxicating drug, such substance not being opium, cocoa leaf, or a manufactured drug, as defined in section 2 of the Dangerous Drugs Act, 1930;
(i) "Lakshadweep" means the Union territory of Lakshadweep;
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(j) "liquor" includes toddy, arrack, spirits of wine, denatured spirits, spirits, wine, beer and all liquid consisting of, or containing, alcohol.
Explanation.—For the purposes of this clause and clause (s), "denatured" means subjected to a process specified by the Administrator, by notification, for the purpose of rendering unfit for human consumption;
(k) "manufacture' includes every process, whether natural or artificial, by which any fermented, spirituous, or intoxicating liquor or intoxicating drug is produced, prepared or blended, and also redistillation and every process for the rectification of liquor;
(1) "neera", or "sweet toddy" ((otherwise known as meera) or "padani" means juice drawn from a coconut, palmyra, date or any other kind of palm tree into receptacles treated so as to prevent any fermentation and not fermented;
(m) "notification" means a notification published in the Official Gazette of Lakshadweep;
(n) "place" includes also a house, shed, enclosure, building, shop, tent, boat, ship and any other type of vessel;
(a) "police station" includes any place which the Administrator may, by notification, declare to be a police station for the purposes of this Regulation;
(p) "proibition officer" means a Collector or any officer lawfully appointed by the Administrator to perform any function or discharge any duty under this Regulation;
(q) "rectification" includes every process whereby spirits are purified or are coloured or flavoured by mixing any material therewith;
(r) "sale" or "selling" includes any transfer including gift;
(s) "spirits" means any alcohol and includes any liquor con* taining alcohol and obtained by distillation, whether such liquor is denatured or not;
(t) "toddy" means the fermented or unfermented juice drawn from a coconut, palmyra, date or any other kind of palm tree but does not include neera, sweet toddy (otherwise known as meera) or padani;
(u) "transport" means to move from one place to another within any local area wherein this Regulation is in force.
CHAPTER II PROHIBITIONS AND PENALTIES
3. Whoever— Prohibition of the manufacture of, traffic in, and consumption of, liquor and intoxicating drugs.
(a) imports, exports, transports or possesses liquor or any Intoxicating drug; or
(b) manufactures liquor or any intoxicating drug; or
(c) except in accordance with the rules made under this Regulation in that behalf, cultivates the hemp plant (Cannabis sativa);
or collects any portion of such plant from which an intoxicating drug ran h*» manufactured: or 272 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(d) except for the purpose of neera, sweet toddy (otherwise known as meera) or padani, taps or permits or suffers to be tapped, any coconut, palmyra, date or any other kind of palm tree belonging to him or in his possession; or
(e) except for the purpose of neera, sweet toddy (otherwise known as meera) or padani, draws or permits or suffers to be drawn, juice from any coconut, palmyra, date or any other kind of palm tree belonging to him or in his possession; or
(f) constructs or works any distillery or brewery; or
(g) uses, keeps or has in his possession any materials, still, Utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug, or keeps or has in his possession any materials which have undergone any process towards the manufacture of liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured; or
(h) bottles any liquor for purposes of sale; or
(i) sells liquor or any intoxicating drug; or
(j) consumes or buys liquor or any intoxicating drug; or
(k) knowingly expends or applies money in direct furtherance or support of the commission of any of the acts specified in clauses (a) to (j); or (I) allows any of the acts aforesaid upon premises in his immediate possession, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both:
Provided that nothing contained in this section shall apply to any act done under and in accordance with the provisions of this Regulation or of any rule, notification, order, licence or permit issued thereunder.
Punishment for being found in a state of intoxication.
4. Whoever is found in a state of intoxication in any public place shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Punlsh_ ment for rendering or attempt ing to render denatured spirits fit for human consumption.
5. Whoever renders or attempts to render fit for human consumption any spirit, whether manufactured in India or not, which has been denatured or any preparation containing such spirit or has, in his possession, any spirit or preparation containing spirit in respect of which he knows or has reason to believe that any such attempt has been made shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
Explanation.—For the purposes of this section, it shall be- presumed, until the contrary is proved, that any spirit or preparation containing spirit which is proved on chemical analysis to contain any quantity of any of the denaturants as may be laid down in the rules made under this Regulation is, or has been, derived from, or contains, denatured spirit.
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6. Whoever prints or publishes in any newspaper, book, leaflet, booklet or any other single or periodical publication or otherwise displays or distributes any advertisement or other matter soliciting the use of, or offering, any liquor or intoxicating drug other than liquor or drugs exempted under section 16, shall be punished with fine which may extend to two thousand rupees:
Prohibition of advertisement.
Provided that this section shall not apply to medical journals and literature intended for medical profession.
7. When two or more persons agree— Punishment for conspiracy.
(a) to commit or cause to be committed any offence under section 3 or section 5; or
(b) to evade or nullify the provisions of this Regulation in any local area of Lakshadweep where it is in force, each of such persons shall, notwithstanding that no act except the agreement was done by any of the parties thereto in pursuance thereof or that the agreement was made or the operations thereunder took place in a local area where this Regulation is not in force, be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.
8. Any officer exercising powers under this Regulation who— Punishment for vexatious search or arrest, etc.
(a) without reasonable ground of suspicion, enters or searches or causes to be searched, any closed place; or
(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Regulation; or
(c) vexatiously and unnecessarily detains, searches or arrests any person; or
(d) maliciously and falsely lays information leading to a search, seizure, detention or arrest; or
(c) in any other way maliciously exceeds his lawful powers, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
9. Any officer exercising powers under this Regulation who— Punish, ment for abetment of escape of person arrested, etc.
(a) unlawfully releases or abets the escape of any person arrested under this Regulation, or, abets the commission of any offence against this Regulation; or
(b) acts in a manner inconsistent with his duty for the purpose of enabling any person to do anything whereby any of the provisions of this Regulation may be evaded or contravened, and any other officer of the Administration of Lakshadweep or of a local body who abets the commission of any offence against this Regulation, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
^74 TOE GAZETTE OF INDIA EXTRAORDINARY [PART ll— Punish, ment for abetment of offence under Regulation in local area wherein Regulation is not in force.
10. Where any offence under this Regulation is committed in any local area of Lakshadweep wherein this Regulation is in force, whoever commits, or attempts to commit, or abets the commission of, any of the acts making up the offence shall be liable to be punished therefor, whether such commission, attempt or abetment takes place within or outside such local area.
Punishment for offences not otherwise provided for.
11. Whoever is guilty of any wilful act or intentional omission in contravention of any of the provisions of this Regulation or of any rule, notification or order made thereunder and not otherwise provided for in this Regulation, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
Punishment for unauthorised use o£ permit or licence.
12. Whoever not being a lawful holder of a permit or licence Issued under section 19 uses it, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Things liable to confiscation.
13. In any case in which an offence has been committed against this Regulation, the liquor, drug, material, still, utensil, implement or apparatus in respect, or by means, of which the offence has been committed, shall be liable to confiscation along with the receptacles, packages, coverings, animals, boats, vessels, carts or other vehicles used to hold or carry the same.
Confiscation how ordered.